Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-08-30
THE RELATIONS OF THE PARTIES.

Having aseertained the relations of the parties
to each other to be that of contractors-that of
debtor and creditor-by contract, simply in the
same sense as if beth were natural persons and
private citizens, the question arises as to what
authority Congress has, through Commissioners
appointed by il, to investigate the private affairs
he has done with his own money, or what he
proposes to do with it-whether he is making
judicious investments of his money or not-as
bearing upon his probability to pay his debt
some years in the future, when it shall have
matured?
Mr. Justice Field well said in the Sinking
Fund cases: When, therefore, the Government
of the United States entered into the contract
with the Central Pacific Railroad Company it
could no more than private corporation, or
private individual, finally construe and deter
mine the extent of the company's rights and
liabilities If ii had cause of complaint against
the company it could not undertake itself by
legislative decree to redress the grievances. but
was compelled to seek redress, as all other civil
corporations are compelled, through the judicial
tribunals. If the company was wasting its
property, of which no allegation is made, or
impairing the security of the Government, the
remedy by suit was ample To declare that one
Of two contracting parties is entitled, under the
contract between them, to the payment of a
greater sum than is admitted to be payable, or
TO other or greater security than that given, is
not legislative function. 1t is judicial action;
It is the exercise of judicial power-and all such
power, with respect to any transaction arising
Under the laws of the United States,is vested by
the Ill the COuTIS OF the
coz L. s., 1880; see also authorities cited.l
4 do not understand that this doctrine is ques
toned by the majority of the Court They only
differ as to its applicability in that particular
case. do not understand that the Central Pa
cific Railroad Company is charged with a viola
ton of any of the terms of its contract unless it
be claimed that it has failed to pay over the full
amount of percentage required by the contract
ofthe net earnings of the road. If it has failed
in this matter it is not matter of any legal con-
Germ to the Government what the company has
done with its own. If it has failed in
this particular, and there is reason
for sustaining an action, the proper mode
of procedure for ascertaining the truth
and enforcing the obligation, if violated is to in
titute suit alleging the facts, and having an
Investigation in due course of judicial inquiry
and judgment for any amount withheld. If the
fu1 amount has not been paid oyer, it matters
not to the Government how the balance due has
be IN expended. The company is liable like any
other debtor upon CONTRACTS and not Otherwise.
But if it be desirable to trace it, and subject the
specific fund to the uses contemplated, and
there be sufficient grounds for so doing.
the Courts are the proper tribunals in which
to setfect that object. So, also, if there
be q commission OF waste upon the
property on which the debt is secured
the Courts afford the proper remedy by
silt in equity to restrain the waste. These are
the means afforded by the Constitution and laws
to private parties for redressing their wrongs.
And there is now no different remedy provided
proceedings there would be allegations, which
upon to meet